[2022] KEHC 12704 (KLR)
The court found that, in accordance with section 333(2) of the Criminal Procedure Code, the period the applicant spent in custody prior to sentencing must be considered in the computation of his sentence. Given the applicant's arrest date, sentencing date, and the recommendation from the probation officer for...
Source-derived case information.
- Citation
- [2022] KEHC 12704 (KLR)
- Parties
- Applicant: Geofrey Nyabwari Ogedi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E005 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed. Applicant to be released from custody unless held for another lawful cause.
- Judges
- JN Kamau
- Legal Topics
- Sentencing, Community Service Order, Time Served Credit, Release From Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Nyabwari Ogedi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody prior to sentencing considered in computation of sentence.
- 2 Whether the applicant should be released from custody based on time already served.
Ratio Decidendi
The court found that, in accordance with section 333(2) of the Criminal Procedure Code, the period the applicant spent in custody prior to sentencing must be considered in the computation of his sentence. Given the applicant's arrest date, sentencing date, and the recommendation from the probation officer for community service for the remaining period, the court determined that the applicant had already completed his sentence. Therefore, the applicant was entitled to immediate release from custody unless held for another lawful cause.
Court Disposition
Application allowed. Applicant to be released from custody unless held for another lawful cause.
Orders
- The applicant be released from custody unless held for any other lawful cause.
Full Case Text
Judgment text and source record
16 paragraphs
Ogedi v Republic (Criminal Revision E005 of 2022) [2022] KEHC 12704 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12704 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E005 of 2022
JN Kamau, J
August 3, 2022
Between
Geofrey Nyabwari Ogedi
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of stealing contrary to section 268(1) as read with Section 275 and handling stolen property contrary to section 322(1) as read with section 322(2) of Penal Codecap 63 (Laws of Kenya). He was arrested on 3/11/2021 and arraigned in Court on 5/11/2021 when he pleaded guilty to the charge. He was sentenced to serve one (1) year imprisonment on December 21, 2021. The early date of release by prison is 21/8/2022. The report of Samuel Chuma Probation/community Service Officer that was filed on 1/8/2022 recommends that the Applicant serves Community service order at Nyakongo Primary School for the remaining period of three (3) weeks. Bearing the period from the date of arrest and date of sentencing in line with section 333(2) of the Criminal Procedure Code cap 75 (Laws of Kenya), the applicant has already completed his sentence. It is hereby directed that the applicant be released from custody unless he be held for any other lawful cause. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J. KAMAUJUDGE